DOT 49 CFR PART 95-2010 ADVISORY COMMITTEES.pdf

1、693 Office of the Secretary of Transportation 95.3 of Emergency Transportation, Depart-ment of Transportation, Washington, DC 20590. 32 FR 20778, Dec. 23, 1967, as amended by Amdt. 931, 33 FR 7821, May 29, 1968 93.3 Reporting requirements. In the event any aircraft identified in the allocations in e

2、ffect: (a) Is destroyed or suffers major dam-age the owner or operator, or both, shall give immediate notice thereof to the Director, Office of Emergency Transportation; or (b) Is sold, leased, or otherwise trans-ferred, the transferor or owner, or both, shall give immediate notice thereof to the Di

3、rector, Office of Emer-gency Transportation, together with full information concerning the iden-tity of the transferee, the date and place of transfer, and the terms and conditions of the transfer. 32 FR 20778, Dec. 23, 1967 PART 95ADVISORY COMMITTEES Sec. 95.1 Applicability. 95.3 Definitions. 95.5

4、Use of advisory committees generally. 95.7 Industry advisory committees: Mem-bership. 95.9 Meetings; other than industry advisory committees. 95.11 Meetings; industry advisory commit-tees. 95.13 Antitrust laws. 95.15 Conflicts of interest statutes, orders, and regulations. AUTHORITY: Sec. 9, 80 Stat

5、 944 (49 U.S.C. 1657); E.O. 11007, 3 CFR, 19591963 Comp., p. 573. SOURCE: 33 FR 467, Jan. 12, 1968, unless oth-erwise noted. 95.1 Applicability. (a) This part prescribes uniform regu-lations governing the formation and use of advisory committees by the Of-fice of the Secretary of Transportation, th

6、e U.S. Coast Guard, the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, the National Highway Traffic Safety Administration, and the St. Lawrence Seaway Development Corporation. It does not apply t

7、o the National Trans-portation Safety Board. (b) This part applies to advisory com-mittees formed or used by the organi-zations named in paragraph (a) of this section. It also applies to those organi-zations whenever they affiliate with, participate in, or use similar advisory committees formed or u

8、sed by other departments or agencies of the Execu-tive Branch of the Government, unless specifically exempted under paragraph (c) of this section. Advisory commit-tees whose membership includes con-sultants and advisers are subject to this part regardless of whether those members are considered to b

9、e Govern-ment employees on the days they at-tend committee meetings. (c) This part does not apply to: (1) Any advisory committee the pur-pose, composition, and operation of which is specified by statute, unless and to the extent that statute author-izes the President to prescribe regula-tions for th

10、e committees formation and use. (2) Any advisory committee com-posed wholly of representatives of State or local agencies or of charitable, religious, educational, civic, social wel-fare, or similar nonprofit organiza-tions. (3) Any local, regional, or national committee whose only function is to di

11、sseminate information for public agencies, or any local civil committee whose primary function is to perform a public service, other than giving advice or making recommendations to the Government. 33 FR 467, Jan. 12, 1968, as amended by Amdt. 952, 35 FR 5331, Mar. 31, 1970; Amdt. 953, 36 FR 431, Jan

12、 13, 1971 95.3 Definitions. For the purposes of this part: (a) Advisory committee includes any committee, board, commission, coun-cil, conference, panel, task force, or other similar group, or any sub-committee, or other subgroup thereof, which is formed within the Department in the interest of obt

13、aining advice or recommendations, or for any other pur-pose, and which is not composed wholly of officers or employees of the Govern-ment. It also includes any committee, VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00703 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1P

14、ROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-694 49 CFR Subtitle A (10110 Edition) 95.5 board, commission, council, con-ference, panel, task force, or other similar group, or any subcommittee or subgroup thereof, which is not formed wi

15、thin the Department, but only dur-ing the period it is being used by the Department in the same manner as a Government-formed advisory com-mittee. (b) Industry advisory committee in-cludes any advisory committee com-posed predominately of members or representatives of a single industry or group of r

16、elated industries, or any sub-division of a single industry, made on a geographic, service, or product basis. (c) Department means Department of Transportation. (d) Secretary means the Secretary of Transportation. 95.5 Use of advisory committees gen-erally. (a) Advisory committees are formed to prov

17、ide a means of obtaining advice, views, and recommendations of benefit to the operations of the Government from industrialists, businessmen, sci-entists, engineers, educators, and other public and private citizens whose expe-rience and talents would not otherwise be available to the Department. An a

18、d-visory committee may be used when its counsel is desired on matters under consideration by any part of the De-partment. Unless specifically author-ized by law to the contrary, no advi-sory committee may be used for func-tions which are not solely advisory. Determinations of action to be taken with

19、 respect to matters upon which an advisory committee advises or rec-ommends may be made only by a full- time, salaried officer or employee of the Government. (b) An advisory committee may be established to serve the Department as a whole, the Office of the Secretary, any operating administration, an

20、y combination of the Office of the Sec-retary and the operating administra-tions, or the operating administrations collectively. However, no advisory committee may be formed or used un-less (1) the committee is specifically authorized by law, or (2) the committee is specifically approved, in writing

21、 by the Secretary or his designee, to be in the public interest in connection with the performance of duties imposed on the Department or any part of it. 95.7 Industry advisory committees: Membership. Each industry advisory committee must be reasonably representative of the group of industries, the

22、 single in-dustry, or the product segment thereof to which it relates, taking into account the size and function of business enter-prises in the industry or industries and their location, affiliation, and competi-tive status among other factors. Selec-tion of industry members shall, unless otherwise

23、 provided by statute, be lim-ited to persons actively engaged in op-erations in the particular industry, in-dustries, or segments concerned, except in cases in which the Secretary or his designee considers that such a limita-tion would interfere with effective committee operations. 95.9 Meetings; ot

24、her than industry advisory committees. (a) Meetings of an advisory com-mittee, other than an industry advi-sory committee, may be held only at the call, or with the advance approval, of a full-time, salaried officer or em-ployee of the Department, with an agenda formulated or approved by that office

25、r or employee. (b) Each meeting shall be chaired by, or be conducted in the presence of, a full-time, salaried officer or employee of the Government who is required to adjourn the meeting whenever he con-siders it to be in the public interest. (c) Minutes shall be kept of each meeting. As a minimum,

26、 the minutes must contain a record of the persons present, a description of the matter discussed and conclusions reached, and a copy of any report received, issued, or approved by the committee. The ac-curacy of all minutes must be certified by a full-time, salaried officer or em-ployee of the Gover

27、nment who was present during the meeting to which the minutes pertain. (d) The Secretary or his designee may waive any requirement of this sec-tion in any case in which he deter-mines that: VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00704 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdj

28、ones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-695 Office of the Secretary of Transportation 95.15 (1) Compliance with that requirement would interfere with the proper func-tioning of the committee or would be impracti

29、cable; (2) Adequate provisions are made to assure otherwise that the operation of the committee is subject to Govern-ment control and purpose; and (3) The waiver is in the public inter-est. 95.11 Meetings; industry advisory committees. (a) Meetings of an industry advisory committee may be held only

30、at the call of a full-time, salaried officer or em-ployee of the Department, with an agenda formulated by that officer or employee. (b) Each meeting shall be chaired by a full-time, salaried officer or em-ployee of the Government who is re-quired to adjourn the meeting when-ever he considers it to b

31、e in the public interest. The Secretary or his designee may waive the requirements of this paragraph in any case in which he de-termines that: (1) Compliance with that requirement would interfere with the proper func-tioning of the committee or would be impracticable; (2) Adequate provisions are mad

32、e to assure otherwise that the operation of the committee is subject to Govern-ment control and purpose; (3) The waiver is in the public inter-est; and (4) The meeting will be conducted in the presence of a full-time, salaried of-ficer or employee of the Government who is required to adjourn the mee

33、ting whenever he considers it to be in the public interest. (c) A verbatim transcript shall be kept of the proceedings at each meet-ing, including the name of each person present, his affiliation, and the capac-ity in which he attended, except in any case in which the Secretary or his des-ignee dete

34、rmines that a verbatim tran-script would interfere with the proper functioning of the committee or would be impracticable and therefore waives the requirement as being in the public interest. In such a case the procedure prescribed in 95.9(c) applies. (d) No industry advisory committee may receive,

35、compile, or discuss data or reports showing the current or pro-jected commercial operations of any identified business enterprise. 33 FR 467, Jan. 12, 1968, as amended by Amdt. 951, 33 FR 6913, May 3, 1968 95.13 Antitrust laws. The activities of advisory commit-tees are subject to the antitrust laws

36、 and committee members are not im-mune from prosecution under those laws. The Department of Justice takes the position that it retains complete freedom to institute proceedings, ei-ther civil or criminal, or both, in the event that any particular plan or course of action is used to accomplish unlawf

37、ul private ends, and to institute civil actions to enjoin continuance of any act or practices found not to be in the public interest and persisted in after notice to desist. This part is in-tended to minimize the possibility of violating the antitrust laws. Industry representatives and Government pe

38、r-sonnel officially connected with advi-sory committees should be advised of the antitrust aspects of the committee activity. 95.15 Conflicts of interest statutes, orders, and regulations. There is a body of statutes, orders, and regulations prescribed by the President, the Secretary, and other au-t

39、horities, dealing with conflicts of in-terest and designed to prevent any con-flict between the official duties and status of Government officers and em-ployees and their private interest. Gov-ernment officers and employees are re-quired to comply with all applicable laws, orders, and regulations. P

40、art 99 of this chapter sets forth a comprehensive list of the conflicts of interest statutes and guidelines for the employees of the Department to follow in the applica-tion of these statutes to part-time ad-visers and consultants to the Govern-ment. Any officer or employee ap-pointed to serve on an

41、 advisory com-mittee who has any doubt or question respecting a possible conflict of inter-est shall seek specific legal advice on his individual situation. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-